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Terms

AGREEMENT BETWEEN USER AND EagleView

The EagleView Web Site is comprised of various Web pages operated by EagleView.

The EagleView Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the EagleView Web Site constitutes your agreement to all such terms, conditions, and notices.

If you download any EagleView application or software from the Apple App Store, or other download sites, you agree that the terms and conditions from that site will apply, and are hereby incorporated by reference.

MODIFICATION OF THESE TERMS OF USE

EagleView reserves the right to change the terms, conditions, and notices under which the EagleView Web Site is offered, including but not limited to the charges associated with the use of the EagleView Web Site.

LINKS TO THIRD PARTY SITES

The EagleView Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of EagleView and EagleView is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EagleView is not responsible for webcasting or any other form of transmission received from any Linked Site. EagleView is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EagleView of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the EagleView Web Site, you warrant to EagleView that you will not use the EagleView Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EagleView Web Site in any manner which could damage, disable, overburden, or impair the EagleView Web Site or interfere with any other party's use and enjoyment of the EagleView Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EagleView Web Sites.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EagleView WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EagleView AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EagleView WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE EagleView WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

EagleView AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EagleView WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EagleView AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EagleView AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EagleView WEB SITE, WITH THE DELAY OR INABILITY TO USE THE EagleView WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EagleView WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EagleView WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EagleView OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EagleView WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EagleView WEB SITE.

SERVICE CONTACT: customerservice@eagleview.com

TERMINATION/ACCESS RESTRICTION

EagleView reserves the right, in its sole discretion, to terminate your access to the EagleView Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the EagleView Web Site. Use of the EagleView Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EagleView as a result of this agreement or use of the EagleView Web Site. EagleView's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EagleView's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EagleView Web Site or information provided to or gathered by EagleView with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EagleView with respect to the EagleView Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EagleView with respect to the EagleView Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the EagleView Web Site are: and/or its suppliers. All rights reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Terms and Conditions for EagleView Reports

Acknowledgements: You acknowledge that the Copyrighted Materials are copyrighted and belong to EagleView Technologies, and the receipt and sufficiency of good and valuable consideration for being bound by this Copyright Notice and Terms and Conditions.

Limited License: EagleView Technologies hereby grants to you a non-exclusive, non-transferable license to use the Copyrighted Materials accompanying this Copyright Notice, subject to the following restrictions: You agree to use the Copyrighted Materials for internal use only, and not to reproduce or redistribute the Copyrighted Materials outside of your company. Accordingly, you may copy the Copyrighted Materials only as necessary for your internal use to (i) view on your company’s computers, (ii) save a single copy on your company’s computer hard drive or disk, (iii) print it, and (iv) transfer it to a portable computer device, provided that you do not remove any copyright notices that appear and do not modify the Copyrighted Materials in any way. You may not otherwise reproduce, copy, modify, transfer or distribute the Copyrighted Materials in any form, for any purpose.

No Warranty: The Copyrighted Materials are provided to you "as is," and you agree to use it at your own risk. EagleView Technologies makes no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from the Copyrighted Materials.

Disclaimer of Liability: EagleView Technologies (including its licensees, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives) shall not be liable to you in respect to any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the Copyrighted Materials, or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of your use or inability to use the Copyrighted Materials, any defect or error in the Copyrighted Materials, or any breach of the Copyright Notice or Terms and Conditions, whether in an action in contract or tort or based on a warranty. In the event of an error in this report, your sole remedy will be a refund of the fees paid by you to obtain this report.

Indemnity: You agree to indemnify, defend and hold EagleView Technologies (including its licensees, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives) free and harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, arising out of or in connection with any use or possession by you of the Copyrighted Materials.

Entire Agreement: The Copyright Notice and Terms and Conditions constitute the entire agreement between EagleView Technologies and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law: The above Copyright Notice and Terms and Conditions shall be governed by the laws of the State of Washington and laws of the United States. You agree to submit to the jurisdiction of the State of Washington for any and all disputes, claims and actions arising from or in connection with the Copyrighted Materials provided to you hereunder, or arising from or in connection with the Copyright Notice and Terms and Conditions.

Termination: Your limited license to use the Copyrighted Materials will terminate automatically without notice from EagleView Technologies if you fail to comply with any provision of this Copyright Notice and Terms and Conditions. Upon termination of the Limited License, you shall destroy all electronic copies and destroy or return any written copies of the Copyrighted Materials, including all copies and modified copies made thereof, if any.

Binding Effect: This Copyright Notice and Terms and Conditions shall be binding on you and your agents, parents, subsidiaries, related companies, affiliates, successors, assigns, and each of their respective officers, directors, employees, shareholders, agents and representatives, and all others acting by, through, or with their direction or in privity with each of them.

EagleView Technologies Report: Reproduction or Redistribution of this report and of any EagleView Technologies’ reports and Materials (hereinafter “Copyrighted Materials”) beyond what is expressly granted in these Terms and Conditions is strictly prohibited. Ownership of these documents and data remains with EagleView Technologies and a license to use these documents and data is provided to the Requestor subject to the following Terms and Conditions. By placing an order for this report and receiving the report, you agree to the following Terms and Conditions. If you do not agree to these Terms and Conditions, you may not make use of this report and must delete all files that contain this report and destroy all paper copies.